Legal Opinion

Aluminum Co. of America v. Bullock

Texas Supreme Court

Decided January 12, 1994No. D-3404PublishedCited by 60 opinions

1Opinion of the CourtGammage, Justice

Once again this Court faces the question of whether good cause under Rule 215(5) exists to allow the testimony of expert witnesses who were not previously designated by the party calling them. Because the determination of good cause is within the discretion of the trial judge, we review this case under an abuse of discretion standard and hold that no such abuse occurred here. For that reason, we reverse the judgment of the court of appeals and affirm the trial court judgment.

This case arose when a forklift driven by John Bullock overturned, fatally pinning him to the ground. Bullock’s…

2Cases cited8 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Gee v. Liberty Mutual Fire Insurance Co.Texas Supreme Court · 1989
  3. Alvarado v. Farah Manufacturing Co.Texas Supreme Court · 1992
  4. Morrow v. H.E.B., Inc.Texas Supreme Court · 1986
  5. Smithson v. Cessna Aircraft Co.Texas Supreme Court · 1984

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3Cited by60 opinions

  1. Melendez v. Exxon Corp., Texas Court of Appeals, 14th District (Houston)1999
  2. Beard Family Partnership v. Commercial Indemnity Insurance Co., Texas Court of Appeals, 3rd District (Austin)2003
  3. Fort Worth Hotel Ltd. Partnership v. Enserch Corp.Court of Appeals of Texas · 1998
  4. Torres v. Caterpillar, Inc., Texas Court of Appeals, 4th District (San Antonio)1996
  5. Lopez v. La Madeleine of Texas, Inc.Court of Appeals of Texas · 2006

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